Cases

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In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Harkavy, J.), dated September 4, 2001, which denied their motion for summary judgment dismissing the complaint. Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed. There is no duty to remove snow and ice while a storm is in progress.

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00388-CV ___________________________ JOSEPH D. STEWART, EXECUTOR OF THE ESTATE OF HELEN LOUISE STEWART, DECEASED, Appellant V. CIVITAS SENIOR HEALTHCARE, LLC D/B/A CIVITAS SENIOR LIVING; ELITE MOBILE DENTA

NUMBER 13-20-00136-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG CRAIG HOLT, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 148th District Court

CASANUEVA, Judge. In these consolidated appeals from a judgment dissolving the parties’ almost seventeen-year marriage, both parties seek review. Danice Doganiero (the Wife) contends, in appeal no. 2D11-6432, that the trial court erred in multiple respects; and Frank D. Doganiero (the Husband), in appeal no. 2D11-6479, contends that it erred in one. We affirm in part and reverse in part the Wife’s appeal, finding merit in on

641 F.3d 322 (2011) Ricky Dennis COOPER, Petitioner-Appellant, v. Dwight NEVEN, Respondent-Appellee. No. 08-16973. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 10, 2010. Filed April 1, 2011. *325 Franny A. Forsman, John C. Lambrose, and Danice Arbor Johnson, Las Vegas, NV, for the

OPINION A jury convicted appellant of capital murder (murder during the course of a robbery or an attempted robbery), and, with the State not having sought the death penalty, appellant received the mandatory sentence of life in prison without the possibility of parole. See § 12.31(a)(2), TEX. PENAL CODE. The ground upon which we granted review asks, "Did the Court of Appeals fail to follow Texas jur

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OPINION HERVEY, J., delivered the opinion of the unanimous Court. Appellant, Paul Pawlak, was charged with, and convicted of, various counts of prohibited sexual activities including sexual assault, sexual assault of a child, and attempted sexual assault. He asks this Court to reverse the judgment of the court of appeals

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Underwood, J.), entered May 8, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint, and (2) a judgment of the same court entered June 28, 2002, which, upon the order, dismissed the complaint. Ordered that the appeal from the order is dismissed; and it is further,</

542 F.3d 669 (2008) Steve COX, Petitioner-Appellant, v. Frankie Sue DEL PAPA, Respondent-Appellee. No. 06-15106. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 15, 2007. Filed September 4, 2008. *671 Paul G. Turner, Assistant Federal Public Defender, Las Vegas, NV, argued the cause for

*118MEMORANDUM ** Victoriano Garcia-Lopez appeals the district court’s denial of his petition for a writ of habeas corpus. Garcia-Lopez argues that the district court erred in its determination that his Sixth Amendment right to the effective assistance of counsel was not violated when the state court conducted his sentencing hearing without inquiring

MEMORANDUM ** Petitioner Cary Pickett appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition on procedural default grounds. We have jurisdiction under 28 U.S.C. § 2253, and review the dismissal of his petition de novo. Moran v. McDaniel, 80 F.3d 1261, 1268 (9th Cir.1996). Pickett’s claims were procedurally defaulted based on his failure to file a timely

KLEINFELD, Circuit Judge: This is a petition for a writ of habeas corpus from a state conviction. The issues relate to whether a prosecutor breached a plea agreement. Facts Gunn mugged two women, on two separate occasions, using a gun each time. He was charged in state court with two counts of robbery

The plaintiff, Donald Lownds, and the defendant, Danice Lownds, were married September 2, 1961. The court, Brenneman, J., by order dated September 7, 1979, dissolved their marriage. At the time of dissolution the court entered the following orders: "[T]he plaintiff shall pay to the defendant the sum of $1500.00 per month as unallocated alimony and support for a period of five (5) years from the date hereof; and . . . the plaintiff shall thereafter pay to the defendant the sum of $400

MEMORANDUM* Davis appeals from the district court’s denial of his habeas corpus petition. Except as otherwise provided, the district court had jurisdiction pursuant to 28 U.S.C. § 2254, and we have jurisdiction over the timely filed appeal pursuant to 28 U.S.C. § 2253. To qualify for habeas corpus, Davis must show that his state conviction “resulted in a decision that was contrary to, or involved an unreas

MEMORANDUM ** The district court did not err by concluding that claims 1, 2, 3, 5, 6, 7, 8 and 9 of Anderson’s Second Amended Petition for a Writ of Habeas Corpus are procedurally defaulted. A federal court may not review a state court’s decision on a question of federal law if the decision “rests on a state law ground that is independent of the federal question and adequate to support the judgment.” C

DAVID R. THOMPSON, Circuit Judge: In June of 1992, in Nevada state court, Bennie Scott Loveland, the petitioner, was found guilty of sexual assault. Although he was represented by retained counsel in that trial and for more than a year after his conviction, his counsel never filed either a direct appeal or a post-conviction relief petition. After Loveland’s counsel withdrew as c

MEMORANDUM** Nevada state prisoner Jimmie Davis (“Davis”) appeals the district court’s order denying his 28 U.S.C. § 2254 petition for writ of habeas corpus — challenging his 1988 guilty plea conviction and life sentence without parole for first degree murder. More specifically, Davis contends the district court erred in ruling that his plea of guilty to first degree felony murder was knowing and voluntar

O’SCANNLAIN, Circuit Judge: "We must decide whether the district court properly dismissed a petition for ha-beas relief for failure to exhaust state court remedies. I In 1991, Phillip Jackson Lyons was convicted of kidnaping and robbery with use of a deadly weapon following a jury trial in a Nevada state court. Lyons appealed the con